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9/80 Work Schedule adn Overtime Pennsylvania

02-11-2010, 12:21 PM

I have recently been moved to a non-exempt employee from an exempt employee due to reclassification in job titles.

We work a 9 / 80 work schedule and recently a project has required Overtime to ensure it's completion and now the question regarding Overtime are coming up and I can not get a good enough answer as to how it is paid out or accounted for from our payroll department.

Our schedule is

Week one

Mon - Thurs is a 9 hour day.
Fri is an 8 hour day

Week Two

Mon - Thurs is a 9 hour day with that Fri off.

I have the following email from our payroll regarding how hours are calculated for pay:

Week 1
M T W H F
9 9 9 9 8(4 hours are listed on this Friday and 4 hrs are carried to the flex Friday that you do not work)

Week 2
M T W H F
9 9 9 9 4(4 hours from the previously worked Friday)

My understanding and from some searching on this site is that in PA you can not carry hours from week to the next and accoutnign 4 hours on my off friday when I am not here opens the company to a whole legal aspect if I am doing my research correct.

Any help that can be shed as to how this is accurate is appreciated and any sources I can research to prove my case in that hours worked during the week should be paid out for that pay period is appreciated greatly.

Well, to start with, if you are correctly classified as exempt there are no circumstances whatsoever under which you are entitled to overtime at all. That's what exempt means - exempt from overtime.

So before we can determine whether or not any overtime is due, we need to establish whether you are exempt or not. To that end, we need you to give us as detailed a breakdown as possible of what you actually do on a day to day basis.

The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

Comment

Well, to start with, if you are correctly classified as exempt there are no circumstances whatsoever under which you are entitled to overtime at all. That's what exempt means - exempt from overtime.

So before we can determine whether or not any overtime is due, we need to establish whether you are exempt or not. To that end, we need you to give us as detailed a breakdown as possible of what you actually do on a day to day basis.

Sorry but you read his first sentence incorrectly.... he was just moved to a non-exempt position from an exempt one.

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